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63-0549RESOLUTION NO. 63R 549 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 427 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application from DUAYNE D. CHRISTENSEN, 7907 Westminster Avenue, Westminster, California, for a Conditional Use Permit allowing the establishment of a drive through restaurant and a waiver of the Anaheim Municipal Code parking requirements on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: That portion of Lot 4 of Anaheim Extension, as shown on a Map of Survey by William Hamel, a copy of which is shown in Book 3, pages 162 to 164 inclusive of "Los Angeles County Maps, in the office of the County Recorder of Orange County, California, described as follows: Beginning at a point on the center line of Center Street, as shown on said map, distant North 74 37' 25" East 770.13 feet, from the intersection of said center line with the center line of East Street, as shown on said map; thence North 74 37' 25" East along said center line of Center Street, 180.00 feet; thence North 15 24' 15" West parallel with said center line of East Street, 480.00 feet to the Southerly line of the land des- cribed in a deed to Zion Evangelical Lutheran Church of Anaheim, recorded June 30, 1961 in Book 5770, page 813 of Official Records; thence South 74 37' 25" West along said Southerly line of the land of Zion Evangelical Lutheran Church, 180.00 feet to a line parallel with said center line of East Street and passes through the point of beginning; thence South 15° 24' 15" East along said parallel line 480.00 feet to the point of beginning. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on May 27 19 63 notices of which said public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, in- vestigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing did adopt its Resolution No. 777, Series 196 63 denying Conditional Use Permit No. 427 and WHEREAS, thereafter, within twenty-two (22) days from the date of the adoption of said resolution, a written appeal was filed with the City Council protesting the action of the City Planning Commission in denying said Conditional Use Permit and said appeal was set for public hearing on 1 71 .3'1_1_4s 25 19 63 at the City Hall, in the City of na eim, and notices of such public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give X 11 persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and 11 evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a Conditional Use Permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the djoining land uses and the growth and develop ment of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the use is adequate to -.11ow the full development of the proposed use in a manner not detrimental to the particul.r area nor to the peace, health, safety and general welf -re 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the Conditional Use Permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commis- sion den in said Conditional Use Permit be, and the same is here y and th -t Conditional Use Permit No. 427 e, an t e s -:me is hereby, granted permitting the establishment of a drive- through restaurant on the property hereinbefore described, and approving the parking area as shown on the plans on file with the City of Anaheim, subject to the following conditions: 1. That sidewalks shall be installed along Lincoln Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer, prior to final building inspection. -2- 7. That Condition No. 2 above mentioned shall be complied with within a period of 180 days from date hereof, or such further time as the City Council may grant. The City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owner, his heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. THE FOREGOING RESOLUTION is approved and signed by me this 25th day of June, 1963. ATTEST: 2. That the owner of subject property shall deed to the City of Anaheim a strip of land 53 feet in width, from the center line of the street, along Lincoln Avenue for street widening purposes. 3. That trash storage areas shall be provided in accordance with standard plans on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final building inspection. 4. That subject property shall be developed sub- stantially in accordance with plans and specifications on file with the City of Anaheim, marked "Exhibits Nos. 1, 2 and 3." 5. That a strip of land six feet in width along Lincoln Avenue shall be landscaped and said landscaping maintained, as indicated on Exhibit No. 1 on file with the City of Anaheim; that plans for said landscaping shall be submitted to and approved by the Superintendent of Parkway Maintenance; and that said landscaping shall be installed prior to final building inspection. 6. That tree wells shall be provided at approximately 40 -foot intervals in the Lincoln Avenue parkway abutting subject property; that plans for said tree wells and landscaping therein shall be submitted to and approved by the Superintendent of Parkway Maintenance; and that said tree wells shall be planted prior to final building inspection. -3- STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 63R -549 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 25th day of June, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 63R -549 on the 25th day of June, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 25th day of June, 1963. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM